modifying a site

[karnb]

i have been asked by a client to modify there website (add additional pages). The webiste was previously developed by another company, using content and images supplied by the client.

Is it okay for me to go ahead and make the additions/changes or is there likely to be any copyright issues, hassle from the original website developer

My thinking is its the clients website, they paid for it and they should therefore be entitled to decide what changes are made to it and by whom.

any legal eagles out there with the answer

[DaveN]

you are just acting as an agent of the client any copyright issues would resolve back to the client. but my guess is the copyright actually belongs to the client, there isn't many clients which would allow a web design company copyright to their content.

Dave

[karnb]

thanks dave

what if a designer has put a copyright sign at the bottom, my guess is this is just wishful thinking on there part

[engine]

>just wishful thinking on there part

Perhaps, however, surely your client should know if they hold the copyright or not.

[ccDan]

I'm not a lawyer, but by my understanding of the Copyright laws, you should assume that the *design* of the web site (not the content or graphics provided to the web site designer by the client) is protected by copyright. Ownership of a copyright is, by default, the author of the work. This includes works done as a "work for hire". (Under older copyright laws, the copyright belonged to the person who commissioned the work for hire.)

So, unless your client has an agreement in writing that transferred the copyright of the design of the web site to them, you should assume that the copyright belongs to the original web site designer.

If you add new pages using the same design, you will likely be in violation of that copyright. If there is no copyright on the site, then you may be able to claim innocent infringement, that you were acting at your client's request. If, however, there is a copyright on the site, then you are just as liable.

In the printing industry, for example, if a printer copies a copyrighted work, they can be fined as well as the person who asked them to make a copy. In fact, they will probably be held more accountable because, being a printer, they should have known better than to copy a protected work. I imagine a web designer could be held to similar, higher standards than their client.